AALS Annual Meeting, New Orleans, Louisiana     January 2-6, 2002
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Friday, January 4, 2002
10:30 a.m.-12:15 p.m.
Section on Constitutional Law

Putting the Constitution in Context: Adding History to Teaching Constitutional Law

Moderator:
Mary L. Dudziak, University of Southern California

Speakers:
Thomas E. Baker, Drake University (view material) PDF file
Michael Kent Curtis, Wake Forest University (view material)
Paul Finkelman, The University of Tulsa
Linda K. Kerber, Professor of History, Department of History, University of Iowa, Iowa City, Iowa

Small Group Leaders:
James G. Wilson, Cleveland State University
Sylvia Ann Law, New York University
Stephen A. Siegel, DePaul University

Constitutional law can be better understood in historical context. The original Constitution and its amendments are products of historical eras; decisions of the Court also change from era to era. The Marshall Court is replaced by the Taney Court; the Warren Court is replaced by the Burger and Rehnquist Courts, etc.

Teachers of constitutional law have limited time to respond to conflicting needs: teaching doctrine, method, theory, and historical context. This year's session will, alas, not give comprehensive answers to this conundrum. Instead it will provide several examples of ways in which historical context can enrich teaching and learning constitutional law. We will then break into small groups for additional discussion.

Professor Baker will emphasize teaching the Framer's Constitution. Professor Finkelman will discuss the pervasive influence of slavery on American constitutional law. Professor Curtis will talk about free speech struggles before the Civil War and the impact of constitutional ideas outside the courts. Finally, Professor Kerber will discuss teaching about gender and citizenship issues in American constitutional law. Professor Dudziak will preside. Each speaker will speak for no more than fifteen minutes after which the session will break into small groups in which group members will exchange ideas on adding historical context to courses in Constitutional Law. Small group discussions will be moderated by members of the panel as well as the small group leaders.

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